Petition KD (1)

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IN THE COURT OF MS.

GAGAN DEEP KAUR SINGH LEARNED


PRINCIPAL JUDGE, FAMILY COURT, KARNAL

___________

Application No.. …/2024

Kriti Dhall, aged about 36 years, Aadhar No. 6130


4064 1546, Wife of Sh. Kumar Gandharva and daughter
of Sh. Govardhan Lal Dhall, resident of House 302,
Tower T-2, Royale Residency, Sec-32, Karnal now
resident of GRAE SMARKEN 3 SOLROD STRAND, 2780
DENMARK.

... First Party (Wife)

AND

Kumar Gandharva, aged about 42 years, Aadhar No.


3942-2406 4880, Son of Sh. Gambhir Gupta resident
of 259/6 Thapar Nagar, Meerut, 250001 now resident
of GRAE SMARKEN 3 SOLROD STRAND, 2780 DENMARK.

... Second Party (Husband)

Petition Under Section 13-B of Hindu Marriage Act,

1955 for the dissolution Of Marriage between the

parties by way of a decree of divorce by mutual

consent. As per provisions of Section 13(B) of The

Hindu Marriage Act.

_________________
Respectfully Showeth,

Most respectfully the petitioners submit as under:

1. That neither any other similar petition on

behalf of both the parties qua the same cause of

action is pending nor finally decided by any court

of law at anywhere except that a similar petition

was filed before the Hon'ble Court on 18.11.2020

but the same was dismissed as withdrawn on

26.11.2021 due to the fact that the matter was

resolved between the parties to the petition with

the intervention of the panchayat.

2. That a valid Hindu marriage was solemnised

between the parties to the petition on 19.02.2018

at Noor Mahal Sector-32, Karnal Haryana India

according to Hindu Rites and Ceremonies. The said

marriage of the parties to the petition was

registered in the office of Registrar of Marriage

Municipal Corporation, Karnal. Copy of the

Certificate of Marriage is attached herewith for

kind perusal of the Hon’ble Court.

3. That the status and place of residence of the

parties to the marriage before the marriage and at

the time of filing of the petition as follows:-


WIFE HUSBAND

STATUS PLACE OF STATUS PLACE OF


RESIDENC RESIDENCE
E

Before Un-marr House No Un-marr 259/6 Thapar


marriag ied 302, ied Nagar, Meerut,
e: Tower 250001, India,
T-2, now resident of
Royale GRAE SMARKEN 3
Residenc SOLROD STRAND,
y, 2780 DENMARK.
Sec-32,
Karnal,
India
now
resident
of GRAE
SMARKEN
3 SOLROD
STRAND,
2780
DENMARK.

At the
time of
filing
the
petitio
n

4. That after the solemnization of the marriage the


petitioners no. 1 and 2 cohabited with each other

as husband and wife and out of this wed-lock no

issue was born out

5. That after living for a short period i.e. up to

one year after the marriage, the thought of the

first party and the second party were not met with

each and both tried to reconcile the matter, but

they could not succeed and ultimately they have

decided to live separately from each other and they

mutually agreed that they will file a joint

petition under Section 13-B of the Hindu Marriage

Act at Karnal Court and will get divorce.

6. That as such the petitioners filed a joint

petition Under Section 13-B of the Hindu Marriage

Act 18.11.2020 in the Court La. Family Court at

Karnal but later on it was dismissed as withdrawn

vide order dated 26.11.2021 because the panchayat

succeeded in deciding the matter amicably and the

petitioner no. 2 brought the petitioner no. 1 at

her matrimonial home and the petitioners lived

together as husband and wife.

7. That it is not out of place to mention here that

the marriage between the parties to the petition

was solemnised in a simple manner and without


exchange of any type of dowry articles except usual

one.

8. That now in spite of efforts made together by

the petitioners to this petition to live jointly

but they have not been able to to live together on

account of variation of their taste and thinking in

spite of the fact that petitioners are living under

one roof at DENMARK but they have been residing

separately in separate portion of house since 15th

July 2023, so the question of cohabitation does not

arise. Both the parties to this petition are

working and they are keeping the salary separate in

their account respectively. There is no

interference of any kind in their working,

residing, sleeping and no relation remains of any

kind what to talk of husband and wife since 15th

July 2023 as in spite of their best efforts they

have not been able to live together since then on

account of variation of their taste and thinking.

9. That the parties to this petition have mutually

settled the disputes between them in the presence

of friends, relatives in a meeting held on

15.07.2023 wherein both the parties to this

petition have mutually agreed to resolve their

dispute by way of present settlement thereby it was


agreed that the second party will pay an amount of

320.000+320.000 Danish Kroner in lieu of full and

final settlement which includes permanent alimony

regarding all types of future expenses and the

first party had also given up her maintenance

rights and she will not claim any sort of

maintenance or right or right in property in

future. It has also been agreed between the parties

that they will not file any type of case and

litigation against each other and against any

family member.

10. That as per the above settlement the second

party will give 320.000 Danish Kroner ( Indian

currency the value comes to Rs. 40,00, 000/- to be

paid by the second party to the first party at the

1st motion as first instalment and the balance

amount i.e. 320.000 Danish Kroner ( Indian currency

the value comes to Rs. 40,00,000/- to be paid by

the second party to the first party on second

motion.

11. That the aforesaid compromise, entire dispute

between the first party and the second party shall

stand settled and both the parties shall be free to

lead their own life as per their own wishes without

the interference of each other.


12. That there is no legal ground why the relief

prayed for should not be granted.

13. That the above said valid Hindu Marriage was

solemnised between the parties at Noor Mahal

Sector-32, Karnal, Haryana, India, which falls

within the territorial jurisdiction of this Hon'ble

Court as such this Hon'ble Court has got

jurisdiction to entertain, try and decide the

present petition.

14. That the requisite court fee stamp of Rs. 25/-

has duly been affixed on the petition. It is,

therefore, respectfully prayed that the Marriage

between the parties to this petition may kindly be

dissolved by a decree of divorce on the basis of

mutual consent as provided Under Section 13-B of

the Hindu Marriage Act 1955 as amended up to date

in the interest of justice.

First party Second party

Kriti Dhall, Wife of Sh. Kumar Gandharva, son of


Kumar Gandharva and Sh. Gambhir Gupta
daughter of Sh. resident of 259/6 Thapar
Govardhan Lal Dhall, Nagar, Meerut, 250001
resident of House 302, now resident of GRAE
Tower T-2, Royale SMARKEN 3 SOLROD STRAND,
Residency, Sec-32, 2780 DENMARK.
Karnal now resident of
GRAE SMARKEN 3 SOLROD
STRAND, 2780 DENMARK.

Verification:
Verified that the above
contents of the petition
are true and correct to
the best to our knowledge
and belief and nothing
has been concealed therein.
Verified at Karnal.

First Party Second party

Through Counsel Through Counsel

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